Q May a municipality charge a customer for expenses related to damage created by a customerís repeated misuse of the water and sewer system?

A Yes, the municipality is authorized by 21-19-1 to enact ordinances and resolutions governing the proper use of the municipal water and sewer system. A municipality may specify, as part of its uniform ordinance regulating the proper use of the municipal water and sewer system, a list of items prohibited from being placed into the system. The ordinance must provide for specific penalties. A municipality may also disconnect or otherwise terminate sewer service to a customer for failure to comply with the provisions of ordinances related to sewer systems if those failures cause a breakdown in the system or unlawful pollution of the city lines or system. Due process must be afforded any customer prior to service being terminated and health and environmental regulations must be followed. (Attorney Generalís Opinion to Boren, June 24, 2016)